Terms of Service
Last updated: 1 January 2025
1. Parties
These Terms of Service (“Terms”) constitute a legally binding agreement between Blue Crane (Pty) Ltd, registered at 2 Katherine Street, Sandton, 2196, South Africa (“Blue Crane”, “we”, “us”) and the client entity or individual (“Client”, “you”) purchasing our services.
2. Services
Blue Crane provides AI workforce infrastructure design, deployment, and management services as described in the relevant Statement of Work or Package selected by the Client. Specific deliverables, timelines, and scope are documented in a separate written agreement or proposal.
3. Pricing and Payment
- All prices are in South African Rand (ZAR) and include VAT at 15% unless stated otherwise.
- Payment is due within 30 days of invoice date unless agreed in writing.
- Late payments attract interest at the prime lending rate plus 2% per month.
- Blue Crane reserves the right to suspend services for accounts overdue by more than 14 days.
- Custom Enterprise pricing is subject to a separate Master Services Agreement.
4. Refund Policy
Once-off project fees are non-refundable after delivery of the agreed scope. If Blue Crane fails to deliver material agreed deliverables within the agreed timeline through no fault of the Client, a pro-rata refund or credit may be issued at Blue Crane's discretion. Monthly retainer fees are non-refundable for any month in which services have commenced.
5. Intellectual Property
Upon full payment, the Client owns all custom AI models and outputs created specifically for them under a project. Blue Crane retains ownership of its proprietary methodologies, tools, frameworks, and pre-existing IP. No assignment of Blue Crane IP is implied unless expressly agreed in writing.
6. Confidentiality
Both parties agree to keep confidential all non-public information disclosed during the engagement. This obligation survives termination for a period of 3 years. This does not apply to information that is publicly known, independently developed, or required to be disclosed by law.
7. Data Protection
Both parties shall comply with POPIA. Where Blue Crane processes personal information on behalf of the Client, Blue Crane acts as an Operator and the Client as the Responsible Party. A Data Processing Agreement (DPA) is available upon request.
8. Limitation of Liability
To the extent permitted by law, Blue Crane's total liability shall not exceed the fees paid by the Client in the 3 months preceding the claim. Blue Crane is not liable for indirect, incidental, or consequential damages. Nothing in these Terms limits liability for fraud or death/personal injury caused by negligence.
9. Termination
Either party may terminate with 30 days written notice. Immediate termination is permitted for material breach not remedied within 14 days of written notice, or insolvency. On termination, the Client must pay for all work completed to date.
10. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Disputes shall be resolved by mediation first; failing that, by arbitration under the AFSA rules, seated in Johannesburg.
11. Consumer Protection Act
Where the Client qualifies as a consumer under the Consumer Protection Act 68 of 2008, nothing in these Terms derogates from the rights afforded by that Act. Clients may contact the National Consumer Commission at www.thencc.gov.za for complaints.
12. Contact
Legal enquiries: legal@bluecrane.ai · 2 Katherine Street, Sandton, 2196 · +27 64 511 0908